The
Iowa
County
Sentencing Reform:
Not Likely To Go Away
in Iowa
August 2003
The Iowa County 1
August 2003
2 The Iowa County
August 2003
The Iowa County contents August 2003 * Volume 32, Number 8
The official magazine of the
Iowa State Association of Counties
501 SW 7th St., Ste. Q Des Moines, IA 50309
FEATURES
(515) 244-7181 FAX (515) 244-6397
Sentencing Reform 4-5
www.iowacounties.org
Denise Obrecht, EDITOR IN EVERY ISSUE
OFFICERS Counties in the Spotlight 5-6
PRESIDENT
Richard Heidloff - Lyon County Treasurer Around the Statehouse Robert Mulqueen 7
1ST VICE PRESIDENT
J. Patrick White - Johnson County Attorney Legal Briefs David Vestal 8
2ND VICE PRESIDENT
Angela Connolly - Polk County Supervisor Health Check Sandy Longfellow 9
3RD VICE PRESIDENT
Al Griffiths - Clinton County Conservation Technology Center Tammy Norman 9
ISAC Brief 10
DIRECTORS
Gary Bilyeu - Story County Assessor Miscellaneous 11-12
Denise Dolan - Dubuque County Auditor
Lois Rude - Linn County Community Services Associate Member Highlights 13
Deanna Neldeberg-Bachman - Marshall Co. Emerg. Mgmt.
Robert Haylock - Hardin/Butler County Engineer Readership Survey 14
Mark Linda - Black Hawk Co. Environ. Health
Bob Canney - Black Hawk Co. Information Technology Calendar of Events 19
Kathy Nicholls - Wright County Public Health Nurse
Kim Painter - Johnson County Recorder ISAC members are elected and appointed county officials from all 99
Gary Anderson - Appanoose County Sheriff counties. The Iowa County (ISSN 0892-3795) is published monthly
Jill Davisson - Clinton County Supervisor by the Iowa State Association of Counties 501 SW 7th St., Ste. Q,
Lannie Miller - Palo Alto County Supervisor Des Moines, IA 50309-4540. Periodicals postage paid at Des
Larry Sundall - Emmet County Zoning Moines, IA 50318. POSTMASTER: Send address changes to The
Grant Veeder - Black Hawk County Auditor (Past President) Iowa County, 501 SW 7th St., Ste. Q, Des Moines, IA 50309-
Robert Paulson - Winnebago County Auditor (NACo rep.) 4540. Subscriptions: $20 per year.
Judy Miller - Pottawattamie County Treasurer (NACo rep.)
STAFF
William R. Peterson - Executive Director
David Vestal - Deputy Director
John Easter - Director of Intergovernmental Affairs
Robert Mulqueen - Public Policy Analyst
Anastasia Baker Hurn - Legal Counsel
Jay Syverson - Fiscal Analyst ISAC’s Mission:
Denise Obrecht - Communications Director To promote effective and responsible county
Jerri Noboa - Meetings Administrator government for the people of Iowa.
Lauren Adams - Financial Administrative Assistant
Sandy Longfellow - Administrative Assistant ISAC’s Vision:
Tammy Norman - Technical Administrative Assistant
To be the principal, authoritative source of
Megan Strait - Secretary/Receptionist
representation, information and services for and
Deborah Westvold - Case Management Director
about county government in Iowa.
Dan Vonnahme - Case Management Specialist
Connie Wacht - Case Management Specialist
Linda Kemp Gethmann - Case Management Specialist
Cover photo provided by the California Department of Corrections.
The Iowa County 3
August 2003
feature
Sentencing Reform In Iowa: By: Fred McCaw
Dubuque County Attorney/President ICAA
Tom Ferguson
Not Likely To Go Away Black Hawk County Attorney/ICAA Legislative Chairperson
Julie Flemming, ICAA Lobbyist
Iowa has one of the lowest incarceration rates in the country. Legislative Action on Sentencing Reform
According to the Bureau of Justice Assistance, Iowa ranks near There have been significant reforms made in the area of crimi-
the bottom, 12th lowest, in incarceration rates per capita (2001 nal sentencing in the recent legislative sessions. A Sentencing
figures). Unfortunately this does not mean that Iowa’s prison Commission made up of legislators and a long list of experts
population isn’t growing. It is and this is a concern for county representing all aspects of our criminal justice system worked on
officials in Iowa. If current offender behaviors and justice sys- the topic for two years and did not reach consensus on what di-
tem practices continue, Iowa’s prison population may be expected rection “reform” should take. For one year prior to the formation
to increase from 8,141 inmates on June 30, 2002 to about 12,127 of the Sentencing Commission a Legislative Interim Study con-
inmates on June 30, 2012, or by about 49% over the 10-year ducted its own review. Neither review found that wholesale
period (Iowa Department of Human Rights, February 2003). changes in the current system were needed. Many people in-
Should criminal sentences be reduced or more prisons built? The volved believed that, although improvements could be made,
Iowa County Attorneys Association (ICAA) doesn’t think these Iowa’s system works well.
are the only two options available and prefers a set of alternative Following the work of the Sentencing Commission in 1999,
proposals. the Legislature enacted six of the eight bills during the 2000 Ses-
sion that were introduced and referred to as the “Sentencing Re-
Choices to Address the Prison Population form Package.” These proposals consolidated “special interest”
ICAA knows first hand that the issue of “sentencing reform” crimes back into general statutes; created a new system of “post-
is complicated and controversial. The Association has been work- release” supervision for certain sex offenders; allowed credit to
ing on the issue for many years, and has compiled choices that an inmate’s sentence for time incarcerated in another jurisdic-
exist to address the prison population; tion; allowed credit in the community-based corrections program
1) Expand community-based corrections, with an empha- for progress made by the offender in OWI treatment while in
sis on eliminating the waiting lists at facilities to break prison; changed automatic “good time” to “earned time,” and
the “log-jam” of inmates waiting in prison for commu- continued the effort to modernize simple misdemeanor fines.
nity placement. Another significant provision enacted by the Legislature in
2) Increase the parole rate by providing education, job train- 2000 required each judicial district to implement intermediate
ing, substance abuse and sex offender treatment while criminal sanctions programs by July 1, 2001. The purpose was
inmates are in prison. to reduce the strain on the court system as well as county jails by
3) Create alternative sanctions such as drug courts to di- allowing community corrections officials to move offenders along
vert, when appropriate, offenders from prison. a continuum of sanctions, as appropriate, with less administra-
4) Increase probation and parole supervision to reduce tive hurdles.
prison revocation rates and stop the revolving door back Beginning in 2001 the Iowa State Bar Association (ISBA)
to prisons. (An astonishing 52% of the total admis- facilitated a Correctional Services Study Group. That group made
sions to prison are due to failure in community correc- a series of proposals designed to relieve prison crowding, two of
tions situations.) which were promptly supported by the Legislature: the expan-
Contrary to a popular misconception about a lack of judicial sion of time for reconsideration by the court of a felon’s sentence
discretion, judges have discretion in the vast majority of their from 90 days to 1 year and the establishment of a substance abuse
cases. Many alternatives are now available to judges including treatment facility for offenders on probation to be located at the
“reconsideration of a felon’s sentence” which allows the court to current Veterans Home in Knoxville, Iowa. This 100-bed secure
take another look at, and reduce, the sentence initially imposed. facility would be able to treat 200 offenders each year. The re-
Other discretionary alternatives include suspended sentences, consideration of a felon’s sentence proposal was enacted. Unfor-
deferred judgments, deferred sentences and residential treatment. tunately the substance abuse treatment facility at Knoxville re-
The only cases in which judges have no discretion in sentencing ceived initial support but was ultimately delayed due to budget
are forcible felonies (see Chapter 702.11) and certain metham- constraints. Several of the other important proposals, such as
phetamine cases. Only a small fraction of the inmates in prison expansion of drug courts and community-based corrections, were
are serving mandatory minimums. The vast majority, almost 80%, also hampered by the serious budget constraints faced by the state.
of offenders in Iowa’s prisons are serving sentences that do not A proposal to expand community-based corrections focused spe-
have a mandatory minimum. These inmates are not staying in cifically on eliminating the waiting lists at residential facilities
prison because of sentencing statutes, but because they are risks that cause a delay in prison releases. ICAA felt this was an excel-
to public safety or because they have not yet met minimum reha- lent, fiscally responsible alternative to building another prison.
bilitation standards.
4 The Iowa County
August 2003
feature
A significant amount of time and energy was spent on all Key components included the expansion of the Parole Board’s
these issues again during the 2002 Legislative Session. The ISBA discretion to consider inmates for parole after serving 70% of
Correctional Services Study Group continued to work. Their their 85% mandatory minimum sentence. Post-release supervi-
2002 proposals included further study of a Community-based sion was established for inmates paroled under the new 85% pro-
Corrections Advisory Board, modification of Robbery II from an posal. The disparity was reduced between “crack” and “pow-
85% requirement to a 70% requirement followed with post-re- der” cocaine penalties. The bill repealed the optional “determi-
lease supervision for three years, elimination of the disparity be- nate D” sentence under 902.3A. This basically repealed SF 543
tween powder and crack cocaine, creation of a Robbery III crime from 2001. And finally, SF 422 established a procedure that would
that is not covered by the 85% statute and a reaffirmation of sup- allow “reopening” of a sentence of 85% pursuant to a motion of
port for drug courts. The House and Senate Judiciary Commit- the county attorney. The victim of the crime is served a copy of
tees developed their own proposals embodied in SF 2300 and HF the motion and can object.
2555. Consensus was not reached on the bills and no sentencing
changes were enacted in 2002. You will recall that the 2002 Conclusion
Session was cut short by budget constraints. The issue of sentencing “reform” is not likely to go away,
due mostly to increasing budget constraints at the state and
Sentencing Legislation Passed local levels. Let’s not forget that public safety is a core func-
This past legislative session Justice Budget Co-chair, Rep. tion of government and one that cannot be ignored. There are
Lanch Horbach informed the House Appropriations Committee fiscally smart and effective ways to address public safety that
that his number one priority in the budget was to “control the does not include additional legislation to simply reduce prison
growth of the inmate population.” The Justice Budget Subcom- sentences for criminals. As already noted, a comprehensive
mittee met and exceeded the Governor’s recommendations in list of sentencing alternatives and the statewide availability of
the budget in almost all areas. Community-based corrections such programs is the key to meaningful sentencing reform. We
received significant and meaningful funding. This funding also must work towards funding and implementing educational
seemed to signal a change in the mindset of many legislators job training, sex offender treatment and substance abuse treat-
towards an increase in community-based corrections resources ment for offenders, which can successfully change their be-
as a way to address the prison population. havior. This can make our communities safer in the long run.
Sentencing reform legislation (SF 422) was passed this year.
counties in the spotlight
Polk County Supervisor and ISAC 2nd VP Angela Connolly was wide, for developing an enterprise GIS through geodatabase and
selected by the American City & County magazine as the 2003 ArcIMS implementation, resulting in multi-user editing capabili-
County Leader of the Year. The magazine presents the award ties, increased GIS data availability and improved overall sys-
annually to recognize outstanding leadership in county govern- tem performance. Linn County will be showcased on ESRI’s
ment. Connolly has been the leading advocate for the county’s website later this year and will be featured in ArcUser magazine.
construction of the Iowa Events Center, a $217 million arena and
convention center in downtown Des Moines. In the course of Linn County received two NACo Achievement Awards for their
lining up funding for the project, Connolly was instrumental in Core Values Program and their Rural Land Use Plan and Interim
creating Vision Iowa, a state grant program for similar local gov- Development Ordinance. The Core Values Program began as a
ernment capital projects. Additionally, Connolly worked with process to develop a set of core values for Linn County employ-
county staff and Iowa State University to conduct the first scien- ees. Nearly 700 employees shared their thoughts on how to im-
tific survey of county residents’ opinions of county services. prove their workplace. The results were refined and developed
Connolly was presented with the American City & County award into five core values to improve the workplace and provide bet-
at the 2003 NACo Annual Conference in Milwaukee July 11-15. ter service. The Rural Land Use Plan and Interim Development
In addition, she was featured in the July issue of American City Ordinance implemented a strategy for managed growth and in-
& County. cludes a point system to guide development in Linn County. The
system balances the competing interests of economic develop-
Linn County received a “Special Achievement in GIS” award at ment, agricultural land preservation, and the protection of pri-
the Environmental Systems Research Institute, Inc (ESRI) 23rd vate property rights using objective and consistent criteria for
Annual User Conference in San Diego, July 10, 2003. The award evaluating development proposals.
was given to GIS user sites around the world in recognition of
their outstanding work in the GIS field. Linn County was se- Barbara L. Smith has been appointed to fill the vacancy of Dis-
lected to receive this prize from over 100,000 user sites world- trict #5 member on the Grundy County Board of Supervisors.
The Iowa County 5
August 2003
counties in the spotlight
The Hybrid Revolution By: Dan Cohen
Buchanan County Conservation Director
Conservation is a form of citizen action, and is reflected in cars, first introduced in Japan in 1997, and later sold in the U.S.
the daily choices we make. One of the most far-reaching conser- Today, American consumers have their choice of three hybrid
vation choices anyone can make relates to the type of vehicle vehicles, priced comparatively to conventional cars: The Toyota
they drive. The choice to purchase fuel-efficient vehicles is now Prius, Honda Insight, and Honda Civic.
easier than ever. New technologies have opened the door to safe, It is unfortunate that hybrid technology is not yet available
affordable, quality vehicles that are a viable choice for conserva- from the Big Three U.S. automakers, but change is on the way.
tionists and agencies looking to save money through efficiency. In 2004, Ford will introduce a hybrid version of the Escape SUV,
In June, the Buchanan County Conservation Board made a GM promises hybrid versions of the Silverado pickup and GMC
choice to demonstrate its leadership role in promoting clean tech- Sierra, and Daimler-Chrysler also plans to make a hybrid vehicle
nologies and energy efficiency. The Board decided to purchase a available soon. Hybrid technology does not limit the comfort of
hybrid car – a vehicle that uses both a conventional combustion a vehicle, and is planned for introduction in sedans, sport ve-
engine and an electric battery-run motor. The hybrid car is aver- hicles, and pickups during the next four years.
aging about 50 mpg, without compromising safety, comfort, or Hybrids are being viewed as “transition vehicles” as our na-
utility. The decision to purchase the vehicle was based on many tion looks long-term toward alternative fuels, such as hydrogen
impressive selling points: fuel cells. Unfortunately, when
• Air quality: Hybrids Hybrid Electric Vehicle Components the Bush Administration an-
have the potential to re- nounced its support of fuel cell
duce smog emissions by vehicles as part of its Coopera-
90% and global warm- tive Automotive Research
ing pollutants by half. (CAR) program, it did away with
• Habitat Protection: a Clinton Administration Pro-
Widespread use of hy- gram designed to promote en-
brid technology would ergy efficiency now. At best, fuel
save far more oil than cells are 10-20 years away from
could be produced by the consumer market, and dur-
drilling in the Arctic Na- ing that time period hybrid cars
tional Wildlife Refuge, and government support of fuel
and would lessen the efficiency could save billions of
need for oil exploration U.S. Department of Energy
gallons of oil and the associated
in other public forests, parks, and refuges. environmental side effects. Whereas hybrid technology is a cur-
• National security: Even modest increases in fuel effi- rent reality, fuel cells are still only a vague promise. According
ciency would reduce reliance on foreign oil by one mil- to David Hawkins of the Natural Resources Defense Council,
lion barrels of oil each day. “The U.S. can’t afford another research program that just gives
• Vehicle needs: The Conservation Department was in billions of dollars in subsidies to the automobile industry with no
need of a dependable road vehicle to take to meetings commitment from them to actually produce advanced vehicles
and for business trips to town. for consumers to buy.”
• Cost: The hybrid vehicle is expected to save the county The good news is, regardless of political support, there are
more than $9,000 in fuel costs over its life, compared to signs American consumers will choose to become more efficient.
driving a pickup, making it the Board’s most cost-effec- Although average fuel efficiency hit its lowest level in recent
tive vehicle. decades (20.4 mpg in 2002 compared to 22.1 mpg in 1988), Ameri-
• Display: The hybrid vehicle is a noticeable display of cans are beginning to demand better from automakers. For the
energy efficiency and technology, and will be taken to first time in 17 years of surveys conducted by the consumer re-
public gatherings and educational programs. search organization JD Power and Associates, fuel efficiency was
Purchasing the car “is right in line with our philosophy,” a major complaint of consumers who had recently purchased or
said Ken McDonough a Conservation Board member from leased a vehicle. Other market studies indicate 25%-30% of con-
Hazleton. Board member Richard Vogel of Jesup agreed, “I like sumers are already interested in purchasing hybrid vehicles, and
the idea. It promotes a good image.” “It’s a smart purchase,” hybrid sales were up 43% last year. The Union of Concerned
said Board chair Loren Hamilton of Independence. Buchanan Scientists recently endorsed a “hybrid revolution” that would take
County Supervisor Ellen Gaffney thought the Conservation Board advantage of improved hybrid technology.
had come up with an “innovative idea for these difficult budget The Buchanan County Conservation Board is proud to be
times -– one that will prove to be a cost savings.” part of the hybrid revolution, and a cleaner, safer, and more en-
The Conservation Board purchased a four-door Toyota Prius joyable future. The hybrid vehicle demonstrates these benefits,
from Toyota of Iowa City. The Prius was the pioneer in hybrid and will be proudly displayed wherever it goes.
6 The Iowa County
August 2003
around the statehouse
Makeup Exam on the By: Robert Mulqueen
ISAC Public Policy Analyst
2003 Legislative Session
“I come from Des Moines. Somebody had to.” size, i.e its square footage. The other equally
controversial part would provide that
“There are three things you just can’t do in life. You can’t beat the changes to assessed valuation would not
phone company, you can’t make a waiter see you until he is ready to see occur by means of re-evaluation on a regu-
you, and you can’t go home again.” larly scheduled basis, as is now the case, but on the occasion of
- Bill Bryson in The Lost Continent (1989) the property’s sale. The legislation calls for trial of this system
by three counties and advice to the legislature on the workings of
Sometimes a topic discussed during an ISAC sponsored such a system by an ad hoc committee, which includes county
meeting is one which has already received significant amounts officials. It also calls for a second vote by the Legislature before
of ink in newspapers around the state. Other issues about which such a system can be put into effect.
the staff make note are important to county officials but of little
interest to much of anyone else. Still other items are those which Technology Fee Placed on Real Estate Transactions
even make county officials furrow their brow. An example of Under the second heading (issues of note by county offi-
each were topics of remarks during each of the ISAC district cials, but almost no one else) is the new technology fee placed on
legislative workshops in June. real estate transactions which are put on the books by the county
recorder. This fee, which went into effect on July 1, goes into a
Iowa Values Fund fund to be used to “build” a statewide real estate documents
Under the first heading (issues already receiving statewide website. Such a site could be used by realtors, commercial lend-
news coverage) is the legislation which contained the provisions ers, attorneys or anyone interested in the status of real estate docu-
of the “Iowa Values Fund.” Based upon the history of county mentation. Such an internet site would not take the place of re-
involvement with local economic development, ISAC staff at cording such property documents at the courthouse, but would
the workshops indicated that we like the infusion of money from supplement the current procedures. After June 30, 2004, this fee
this fund to local development efforts. However, the original would remain but would be reduced to one dollar per transaction.
version of what became HF 683 and HF 692 would have been Such a statewide internet system has been accomplished in no
preferable to county community development efforts because of other state. The proposed site, which will be administered by the
the emphasis on the eligibility of county economic development Iowa County Recorders Association, follows the internet sites
offices, also known as “multi-community development organi- constructed by the county engineers and the county treasurers
zations,” for Iowa Values Fund assistance. At least two-thirds of and those produced by a number of county assessors. These make
Iowa’s counties are the sponsor of or are a party to funding such electronic government at the county level a reality in Iowa.
an operation. While the final version does contain a provision
for “targeted economic development grants,” they are fairly nar- Legislation Involving 9-1-1 Systems
rowly focused. The original bill’s provisions were changed dur- The third type of issue (a puzzlement to nearly everyone)
ing the special legislative session in June to making eligible fund- which was addressed during the June workshops is the legisla-
ing to large segments of the state consisting of five regions of tion involving 9-1-1 systems which faltered during this year’s
nine to 24 counties each. legislative session. An important piece of legislation which was
Also included in these interlocking bills were other provi- the product of a year’s worth of work was sidetracked, if not
sions of particular interest to county government. These included bludgeoned, by 1) two cellular telephone companies and 2) a
the so-called Streamlined Sales Tax, the adoption of the sales tax faulty belief by certain state representatives that counties have
on internet based sales. This is part of a national effort which has secret vaults of cash which supervisors swim in like Scrooge
been endorsed by both the National Association of Counties and McDuck. House File 649, which received little press coverage,
the National League of Cities. The application of state sales tax would have by means of a one dollar monthly surcharge on wire-
to the increasingly popular use of the internet for the retail pur- less telephones, enabled counties and the state Office of Emer-
chase of everything from soup to nuts finally puts these commer- gency Management to finish the second and last phase of apply-
cial exchanges at par with shopping at brick and mortar stores, at ing the latest technology to making enhanced 9-1-1 systems com-
least with respect to the sales tax to be included in the price. pletely compatible with the use of wireless telephones and, thus,
Application of sales tax to such purchases won’t hurt state rev- allow public safety personnel to respond faster. This unheralded
enues either. initiative should be made a priority next January.
Another part of this package which survived the governor’s County officials who attended their district workshops in
vetoes is the plan which could lead to a significantly different June should, with a reading of this column, be assured an “A” in
property tax system. The new system would be based upon two the upcoming quiz. For those who were otherwise occupied at
provisions which would change the current cobbled-together tax the time, this is chance for a makeup exam on the 2003 legisla-
system. One bases the assessed valuation of a structure on its tive session – both of them.
The Iowa County 7
August 2003
legal briefs
Can Employees Be Fired For By: David Vestal
ISAC Deputy Director
Consulting A Lawyer?
Retaliatory Discharge ments cannot be sued, even when they act
Back in 1994, in a case called Thompto v. Coborn’s Inc., 871 negligently. In May, the Iowa Supreme
F.Supp. 1097 (N.D.Iowa), a federal district court in Iowa an- Court decided a case that shows just how
nounced that employees can sue for retaliatory discharge if they important these so-called “tort immunities”
are discharged based upon the consultation with a lawyer or the in the Iowa Code really are.
threat of consultation with a lawyer. In Madden v. City of Eldridge (02-0604), Eleanor Madden
This idea, that employees cannot be fired for talking to law- died in 1999 when her apartment ceiling collapsed on her. The
yers about trouble they are having at work, arose again recently building was constructed in 1975 in the city of Eldridge. It turned
in a lawsuit involving an Iowa county. out that at the time of construction, the city failed to conduct a
In Davis v. Horton, 661 N.W.2d 533 (Iowa 2003), Beverly lath/wallboard inspection as required by the local building code.
Davis had been an employee of the Webster County treasurer’s When the city inspector went to conduct a final inspection, he
office since 1977. When Janice Horton was elected county trea- determined that no preliminary inspection had been done. But
surer in 1994, she appointed Davis as first deputy. In 1998, Davis by that time the drywall had been mudded, taped, and painted.
and Horton began having difficulties at work. They went through This completely concealed the nails, nail heads, and nail spacing
two informal mediations. Then in 2000, Davis requested a for- used to hold the ceiling in place. Nonetheless, the city inspector
mal mediation, as provided in the county employee handbook. issued a certificate of occupancy. Twenty-four years later the
Following the formal mediation, Horton put Davis on 60 days ceiling of Madden’s apartment collapsed because of defects in its
probation and demoted her to second deputy. construction, including too few nails and improper size and spac-
Shortly after that, Davis had an attorney write a letter to the ing of the nails.
board of supervisors asserting that the demotion was illegal and Madden’s estate claimed that the city inspector failed to in-
demanding that the action be rescinded. One month later, Davis spect the building as required by the city building code and ig-
was terminated by Horton. nored code violations in the building thereby causing the ceiling
Davis sued, and citing the Thompto case, claimed that she to collapse, killing Madden. But the city escaped liability based
was illegally fired for hiring an attorney. The district court granted on the immunity for negligent inspections in Iowa Code
summary judgment for Horton. Davis appealed, and the Iowa §670.4(10). This section provides that cities and counties are
Supreme Court affirmed the district court decision in favor of immune from liability for any claim based upon an officer’s or
Horton. employee’s negligence in the “issuance of permit, inspection, (or)
In this appeal, the Iowa Supreme Court was asked to decide investigation…”
whether, in Iowa, public policy prohibits employers from firing The district court granted the City’s motion for summary
employees for hiring an attorney. That had been the decision in judgment, finding that this was covered by the discretionary im-
Thompto, but that precedent only applied in federal court cases munity exception which is also in Iowa Code chapter 670.4. The
brought in the Northern District. Iowa Supreme Court found that the discretionary immunity ex-
The Iowa Supreme Court did not reach the issue. The Court ception did not apply. But the Court held that since the City’s
held that it was “clearly impossible to separate Davis’s act in involvement was strictly limited to conducting an inspection and
hiring an attorney from her act in challenging a personnel deci- issuing a permit, the negligent inspection immunity applied, and
sion made by her employer.” the case against the City should be dismissed.
In other words, when Horton put Davis on probation and This case, where someone died because of the city inspector’s
demoted her, Davis did not respond by meekly accepting these mistake, is a strong testament to the power of this statutory tort
measures. Instead she went to the board of supervisors and com- immunity.
plained. The Iowa Supreme Court said that this was an “attempted
rebuke of an employer’s personnel decision,” and said that such Parting Ponderable: According to the “iowa-counties.com”
an act “should not be insulated from sanction merely because it website, which has nothing to do with ISAC, there are some in-
has been carried out through an attorney.” teresting stories behind some Iowa county names.
This is an interesting result, and perhaps somewhat surpris- • Louisa County was named for Louisa Massey, “area folk
ing in light of Thompto. While the Iowa Supreme Court did not heroine who avenged her brother’s murder by slaying his assas-
exactly decide the issue raised on appeal, the bottom line is that sin;”
employees who hire an attorney to challenge an employer’s deci- • Monona County was named for an “Indian girl who, believ-
sion do so at their peril. ing her white lover was killed by her people, jumped from a high
rock into the Mississippi;”
Negligent Inspections • In 1846, Kishkekush County was renamed Monroe County.
There are certain circumstances under which local govern- Wise move.
8 The Iowa County
August 2003
health check
Everyone is Getting By: Sandy Longfellow
ISAC Administrative Assistant
Older
Baby Boomers are in the middle. We have wonderful chil- elderly to get down that low and also
dren and grandchildren. We also have parents that are reaching very difficult to climb out.
an age in which we become caregivers. As my parents and my
parents-in-law have always been very active, this is a new thought • Vans: I have already mentioned this
for me. one, but you can have steps installed in your van if you
With all the new innovative vehicles that are being created, will be transporting people on a regular basis who might
I have noticed some accommodations that need to be made. My have challenges. If this is not an option, remember some-
first experience was when our family bought a van and took my thing to step on.
parents on a vacation. It wasn’t very easy for them to get into the
• Air Bags: It is best for older folks to sit in the back seat.
van. We brought along a little stool to make climbing in less
If they are fragile, a deploying air bag could cause con-
difficult.
siderable damage.
We need to remember to make accommodations when trans-
porting our elderly loved ones.
So what is the best vehicle to use? Larger cars with long
• Four-wheel Drive Vehicles: These vehicles can present back doors and a lot of room are very helpful. Station wagons
challenges. They are generally too high off the ground are usually roomy and they have a convenient place for a wheel
for older friends and relatives to get into easily. Getting chair or walker. Because of the onset of arthritis and other chal-
out is even harder; there is a fear of falling. Be sure to lenges, the extra room is very welcome.
bring a step stool or something to help them get in easier. Remember to be very attentive to your older passengers.
Help them in the car and help them buckle up. You may want
• Sports Cars: This type vehicle has the opposite problem someone to do it for you someday!
for the four-wheel drive vehicles. It is very difficult for
technology center
Simple Computer By: Tammy Norman
ISAC Technical
Fixes and Tips Administrative Assistant
Here are some quick and simple computer fixes if your com- never saved the document, it is lost, there-
puter is not behaving. If the keyboard and mouse are not re- fore, remember to save often. If you tend to
sponding, no matter how many times you click or type, a pos- forget to do this, you may want to activate
sible solution is to check the connections at the back of the PC. the “Auto Save” feature. To activate this
Particularly if the CPU (central processing unit) is up against a feature, click on “Tools”, “Options”, “Save.”
wall or located where it can be easily moved or jostled. A slight Under “Save Options”, check “Always create backup copy.” The
shove of the CPU is enough to dislodge one or both of the cables. “Auto Save” feature will allow you to view the most recent ver-
If either the keyboard or mouse is cordless, check the batteries. sion of your document including the last “hard saved” copy. You
If the computer fails to start, remember that it needs electric- can now select the document you wish to retain. This feature can
ity. It is a common practice to plug our computers into power save you hours of work but remember you must perform an ini-
strips with a switch that seems designed to be stepped on and tial hard save to enable it.
turned off by you, the dog or a book tossed onto it. You may also
want to check the power strip itself and make sure that it is func- Website Note: Take a moment to check out ISAC’s homepage.
tioning properly. If both computer and monitor are lifeless, the Every couple of months, Denise Obrecht redesigns the look of
electricity is the probable culprit, thus another simple fix. the homepage and highlights an important event or subject rel-
You are in the middle of a project and your computer freezes evant to county officails. So make sure you keep coming back to
and the keyboard and mouse are non-functioning; you will need see the new look. Your feedback is vital to us, so please e-mail
to perform the infamous “ctrl, alt, delete” to bring it back online. with any questions or comments you may have at
Unfortunately, this may bring your computer back to life but the tnorman@iowacounties.org. Until next month, keep clicking!
document will revert back to the last time you saved. If you
The Iowa County 9
August 2003
ISAC brief
The Legislative Session Outcome: small working groups, holds too many secret meetings and in-
vites too little public input.” He also stated that there appears
Presentations at the ISAC District to be a disconnect that happens somewhere on the roads be-
Workshops tween our lawmakers’ hometowns and Des Moines. “Some-
where on that drive, legislators forget that the people they rep-
Approximately 350 county officials attended the six ISAC resent are the same people that receive services provided by
District Legislative Workshops held in June. The agenda for cities and counties,” said Peterson. Legislators were invited to
the workshops included ISAC staff speaking about the 2003 speak over lunch and shared their view of how the legislative
legislative session. John Easter, Director of Intergovernmen- session progressed and then answered questions that county
tal Affairs, and Bob Mulqueen, Public Policy Analyst, discussed officials voiced. Then the rest of the afternoon affiliates had
the legislative outcome of topics that were of concern to county time to meet. ISAC would like to thank all of the legislators
officials. Topics included the E9-1-1 bill, the HAVA bill, the that came to speak at the ISAC District Legislative Workshops.
loss of federal funding down to counties, the Grow Iowa Fund,
and the Recorders Technical Fee. Bill Peterson, Executive
Director, gave a stirring speech on his disappointment in the
$60 million reduction in aid from property-tax relief and re-
placement programs, the
outcome of decisions made
in the Reinvention Bill (SF
453). He also spoke of his
concern for the legislative
process in general and said,
“The Iowa Legislature
places too much reliance on
Above: Staff stopped at the Surf Ballroom
Above: Sen. Thurman Gaskill in Clear Lake on their travels to the six
spoke at the Forest City Dis- district workshops. Back row (left to
trict Workshop. Left: Ken right): Steve DeVries, Engineers Service
Slothouber, Jasper County Au- Bureau Executive Director; Mike
ditor and District I President, Wentzien, Iowa State Association of
greeted county officials in Des County Supervisors Lobbyist; Jay
Moines. Bottom Left: Rep. Syverson, ISAC Fiscal Policy Analyst;
Donovan Olson shared his ex- Bill Peterson, ISAC Executive Director.
perience of being a new legis- Front row: John Easter, ISAC Director
lator during the 2003 legisla- of Intergovernmental Affairs and Jerri
tive session. Below: Rep. Noboa, ISAC Meetings Administrator.
Henry Rayhons addressed Left: Bob Mulqueen, ISAC Public Policy
county officials in Forest City. Analyst, at the Surf Ballroom.
Building Relationships
since 1937.
JEO Consulting
Carroll, IA
Iowa City, IA
Wahoo, NE
Nebraska City, NE
Norfolk, NE
(712) 792-9711
(319) 338-3909
(402) 443-4661
(402) 873-6766
(402) 371-6416
Group, Inc. Hastings, NE (402) 462-5657
Lincoln, NE (402) 488-3040
www.jeo.com
New Richmond, WI (715) 246-4319
ENGINEERING ARCHITECTURE SURVEYING PLANNING
10 The Iowa County
August 2003
miscellaneous
Dispelling Myths About the By: Jay Syverson
ISAC Fiscal Policy Analyst
New Property Tax System
The Governor’s recent signing of House File 692 paves
the way for Iowa to move to a new property tax system, sort one of the items set to be discussed by the
of. The “square footage system,” championed by freshmen implementation committee.
Representatives Jim Kurtenbach (R-Story) and Kent Kramer In its current form, the new system
(R-Polk) still must be technically tweaked by an implementa- would allow local governments to set levy rates without limi-
tion committee, successfully passed through a pilot study in tation. However, the bill explicitly calls for the implementa-
three counties, and pass both houses of the legislature again tion committee to study “whether or not maximum square foot-
before it goes into effect. Nonetheless, many county officials age rates and land tax rates should be imposed….” The usual
seem more than a little apprehensive about the prospect of suspects (Farm Bureau, Iowans for Tax Relief) will undoubt-
changing to a new system. In an effort to quell some of that edly push for the inclusion of those maximum rates. Even one
apprehension, allow me to dispel a few myths about this new legislator has allowed for that possibility, noting that Iowa has
system. had a philosophy of imposing maximum levy rate limits in the
past, and that philosophy may well continue under the new
Myth: The new system would base taxable property values system. It will be up to local officials, as well as ISAC and the
solely on the size of a property, i.e. its square footage. League of Cities, to convince the Legislature that levy rate
Fact: Taxable property values will continue to be determined limitations have no place in a system in which valuations are
largely as they are now, based on a property’s assessed value. relatively static.
Any legitimate system of property taxation must be based
on valuation. The folks in the Legislature that formed this Myth: The primary reform in this proposal is moving to a
plan realize that not all properties of equal size are of equal “square footage” system.
value. Many factors go in to determining a property’s value; Fact: Converting assessed valuations to a square footage
its location, condition and structural makeup - as well as its basis is unnecessary and redundant, and this system could be
size - must all be accounted for. That is why the new system implemented without doing it.
assigns a value per square foot to each property. In the base At its most basic level, the proposed system calls for es-
year, local assessors will assess all properties just the way they tablishing the base year valuation of a property and holding
have in the past. Each property’s assessed value will then be that value constant – for tax purposes – until the property is
divided by its size to get a value per square foot. It is this value sold or expanded. The drafters decided to convert valuations
per square foot, not just the number of square feet, which will to a square footage basis because they believe taxpayers can
determine the taxable value of a property. more easily understand a square footage system than the mill-
age system (i.e. dollars per thousand) currently in place. That
Myth: Assessors will soon go the way of the dinosaurs. may or may not be the case, but a simple math equation can
Fact: The role of local assessors will change only minimally demonstrate that converting assessed values to a square foot-
under the new system. age basis is a provision straight out of the Department of Re-
First of all, base year values must be established, so it will dundancy Department.
be business as usual through 2005. Beyond that, any time a
property is sold an assessor would make sure that the sales Square Footage System:
price is accurate, in that it represents an “arm’s length” trans- House: $150,000 assessed value ÷ 1500 sq. ft = $100 value
action. Any new construction would have to be assessed, just per sq. ft.
as it is now. Additionally, the bill calls for removing the ef-
fects of inflation from the taxable value of all properties that #1 Levy rate of $0.03 per dollar of value per square foot
are sold or built after the base year. To accurately determine Tax bill = $0.03 * $100 value per square foot * 1500 square
the effects of inflation in each county’s housing market, the feet = $4,500
actual market value of all homes will need to be established.
The current system of assessment must be retained for that to Now let’s simplify the equation, using the same house:
happen. #2 Levy rate of $0.03 per dollar of valuation (or $30 per thou-
sand, or 3%)
Myth: This proposal is just a creative way of imposing a
property tax limitation.
Fact: The presence or absence of levy rate limitations is Continued on page 12
The Iowa County 11
August 2003
miscellaneous
Continued from page 11 system either evolves or erodes over the next few years.
So relax a little bit. Stop listening to unfounded myths
Tax bill = $0.03 * $150,000 assessed value = $4,500 and please, don’t spread the gloom and doom message pro-
mulgated by the misinformed. After all, with the reinvented
The system generates the same result with or without the budgets of FY 2004 just kicking in, and ag land values about to
square footage calculation. By eliminating the redundancy in drop 18%, most local officials have more immediate concerns.
equation 1 (the bolded items), equation 2 is easier for the tax-
payer to understand and more efficient for county officials to
carry out. Shortenhaus Named IPAIT’s
The square footage complication aside, this system would Marketing Manager
make some reforms. It improves transparency, in that if a ho-
meowner sees a tax increase from one year to the next, and has The Iowa Public Agency Invest-
not added living space to his or her property, the only reason ment Trust (IPAIT) is proud to an-
for the tax increase would be a higher levy rate imposed by a nounce the addition of Ron
local government. Currently, a person’s property tax bill can Shortenhaus as IPAIT’s marketing
increase even in the face of a static or declining levy rate if the manager. Ron will be taking over the
assessed value of the property increases. duties of Paul Kruse whom resigned
Another reform this bill makes is that it would eliminate from Investors Management Group
the primary complaint against most property tax systems, be- to pursue other opportunities. Ron
cause it would avoid taxing unrealized capital gains. A house is an experienced investment coun-
that was purchased for $100,000 in 1990 might be assessed at selor that has spent his professional
$165,000 today. The $65,000 increase in value is a ‘paper career helping institutions, as well as individual investors, to
gain,’ or unrealized gain, because the owner of the home has evaluate investment alternatives.
not yet benefited from the increased value. However, the owner Ron is responsible for sales and relationship management
has been paying taxes on that unrealized gain for the past 13 to institutional clients, including insurance companies, banks
years, and will continue to do so even if the home is never and non-profit organizations. These responsibilities include
sold. The new property tax proposal would avoid taxing unre- identifying and soliciting prospects, presenting investment man-
alized gains because the taxable value of any property, in any agement proposals and on-going client retention.
year, would simply be its base-year market value ($100,000 in Ron joined Investors Management Group in May 1997
our example), plus the base-year value of any additions that and has been employed in the financial services industry for
the owner chooses to build. Taxable value would be based 12 years. He has eight years of direct investment experience
entirely on choices made by the property owner. That isn’t to and three years experience devoted exclusively to bank cash
say, however, that a person’s tax bill, or share of the tax bur- management services.
den, would be any less just because his or her taxable valua- Investors Management Group acts as the investment ad-
tion is lower. Local governments could simply increase the visor, administrator and developer for the IPAIT program. If
levy rate as needed to make up for the difference. Nonethe- you have questions or suggestions about IPAIT’s cash man-
less, the reforms may be worthwhile, if taxpayers are more agement services, please contact Ron on IPAIT’s toll-free line,
likely to understand a system that holds valuation constant and 800-872-4024 or Ron’s direct cell line at 515-491-5050.
has only one variable – the tax rate.
There are many things we don’t yet know about the prop-
erty tax proposal in HF 692. We don’t know if it will shift the Iowa Law Enforcement Workshop
tax burden from structures to land or vice versa, or from one
class of property to another. We don’t know if the implemen- Chiefs, sheriffs, mayors, and city managers are encouraged
tation committee will work for two years and then throw up its to attend a class on meeting the Iowa Law Enforcement record
collective hands in disgust, saying ‘this system just won’t work.’ requirements. The class will review Iowa Law Enforcement Acad-
We don’t know if the committee will work for six months and emy hiring standards and required documents. The class will
say ‘we’ve got it,’ or even if the Legislature would listen to its provide insight into recruiting, selecting and background investi-
recommendations. We do know a few things. We know that gation and its impact on public safety. Ways to use the POST and
the underlying method of assessing the value of property will MMPI tests for hiring decisions will be explored. The class will
not change; thus, we know that assessors are here to stay. We be offered October 14, January 6, or May 12. The registration
know that this system is at least three years away from imple- fee is $35 and the lunch fee is $4.81. The classes will be held at
mentation. Most importantly, we know that local officials have the Iowa Law Enforcement Academy at Camp Dodge in Johnston,
a chance to be the most influential voice at the table as this Iowa. To register for one of the above dates contact JoAnn Hively
at the Iowa Law Enforcement Academy (515) 242-5357.
12 The Iowa County
August 2003
associate member highlights
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For a listing of all 51 ISAC Associate
Members visit ISAC’s website
(www.iowacounties.org) and click on
‘About ISAC.’
The Iowa County 13
August 2003
readership survey
Tell Us What You Think! Refinancing Your Home Loan: The Effect on
County Recorders - June
Please take part in this survey to determine what the ISAC
6. Your county patronizes The Iowa County advertisers:
staff can do to improve this publication. We want this maga-
Frequently
zine to be useful and an important piece of mail that you look
Sometimes
forward to getting each month. Visit our website under “Pub-
Seldom
lications” for additional copies of this survey. Thank you for
Never
taking this time to tell us your opinion and suggestions for
future issues!
7. Each month I look at:
All of the ads in the magazine
Most of the ads in the magazine
1. The general appearance of The Iowa County is:
A few of the ads in the magazine
Excellent
None of the ads in the magazine
Very Good
Average
8. The overall letter grade I would give The Iowa County is:
Below Average
A (Excellent)
Poor
B (Very good)
C (Average)
2. Each month I read:
D (Below Average)
All of the articles
F (Poor)
Most of the articles
About half of the articles
Areas that need improvement are:
A few of the articles
3. Articles in The Iowa County are:
Excellent
Very Good
Average
Below Average
Suggested topics for feature stories are:
Poor
4. Rank the articles in order of interest to you:
Feature story
Around the Statehouse
Legal Briefs
Health Check
Technology Center
Other comments:
Case Management
NACo News
Calendar of Events
5. Rank the feature stories in order of interest to you:
IMWCA - July
Prepare for HIPAA - August
Environmental Health Directors - September
Doug Gross & Governor Vilsack - November
Consolidation: The Pro’s & Cons - December
When completed, fax the survey to 515-244-6397 or mail to
Iowa’s Rail Freight - December
501 SW 7th St., Ste. Q, Des Moines, IA 50309. Thanks again
ICIT ISAC’s New Affiliate - January
for taking the time to help the ISAC staff. We depend on
Fight Against Terrorism - February
your input!
State Cuts to Conservation - March
Supporting County Airports - April
Lock Down on Anhydrous Tanks - May
14 The Iowa County
August 2003
Advertisers Index
Aerial Services, Inc. 19 JEO Consulting Group Inc. 10
Aero-Metric, Inc. 19 Jerico Services, Inc. 19
Barker Lemar Engineering 15 Kuehl & Payer, Ltd. 13
Calhoun-Burns and Associates, Inc. 17 PMC, ProMap Corporation 20
County Risk Management Services Inc. 15 Public Employee Training Services 13
Delta Dental Plan of Iowa 18 Public Sector Personnel Consultants 17
Horizons Inc. 17 Ruan Securities Corporation 17
IMWCA 17 The Sidwell Company 2
Investors Management Group (IPAIT) 16 Solutions, Inc. 18
J.A. Reno Associates, Inc. 15
Please support our advertisers. If you are interested in advertising in The Iowa County please contact
Denise Obrecht at 515-244-7181 or dobrecht@iowacounties.org.
CRMS
Representing Iowa Member-owned programs
The Iowa Communities Assurance Pool
and
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to Iowa Counties since 1987
Property/Casualty and Workers Compensation
Both programs endorsed by the Iowa State Association of Counties
800-397-4947
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Services Inc.
County Risk Management Ser vices, Inc.
J.A. RENO ASSOCIATES, INC.
Provider of Insurance Consulting and Employee Benefits to Iowa Counties for Over Two Decades
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FOR MORE INFORMATION - CONTACT OUR OFFICE
Phone - 1-800-532-1105 or (515) 246-1712 Fax - (515) 246-1476 Email - mjreno@jarenoassociates.com
The Iowa County 15
August 2003
16 The Iowa County
August 2003
PUBLIC FINANCE
RUAN SECURITIES CORPORATION Advertisers Index
“Serving Iowa Communities
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Underwriting and Financial Consulting
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Tom Mehl John Geist
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Patrick Callahan Dan Zomermaand
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800-642-5082. Member NASD SIPC
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The Iowa County 17
August 2003
18 The Iowa County
August 2003
calendar
AUGUST 10 ISAC Steering Committees
7-8 Supervisors’ Executive Board - Clinton Area - Holiday Inn Airport, DM
7-8 Community Services Board Retreat 14 CCMS Administrators Meeting
- Country Inn & Suites, DM - Baymont Hotel, DM
11 Recorders’ Legislative Committee 16-17 CCMS Strengths - Baymont Hotel, DM
- Holiday Inn at Ameristar, Council Bluffs 23-24 ISAC Board of Directors - ISAC Office
12-13 Recorders’ Summer Conference 26-29 Assessors Annual Conference
- Holiday Inn at Ameristar, Council Bluffs - West Des Moines
13-15 CCMS Annual Conference 29 CRIS Board - ISAC Office
- Holiday Inn Airport, DM 29 Statewide General Assistance Meeting
- Sheraton Iowa City Hotel, Iowa City
SEPTEMBER
5 ISAC Steering Committees NOVEMBER
- Holiday Inn Airport, DM 6 CCMS Support Staff Training
10 CCMS Central Support Group - Baymont Hotel, DM
- Botanical Center, DM 19 CCMS Board of Directors
14-17 Sheriffs & Deputies Jail School - Holiday Inn Airport, DM
- Holiday Inn Airport, DM 19 ISAC Board of Directors
16 ISAC Alumni - ISAC Office - Holiday Inn Airport, DM
17-18 CCMS Fundamentals - Baymont Hotel, DM 19-21 ISAC Fall School of Instruction
18-19 ISAC Board of Directors - Lyon County - Holiday Inn Airport, DM
25 Engineers Executive Board - ISAC Office
For agendas or additional information on any of the above
OCTOBER listed meetings please visit our website at
8 CCMS NW Support Group - AEA, Storm Lake www.iowacounties.org and click on ‘Upcoming Events!’
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The Iowa County 19
August 2003
20 The Iowa County
August 2003